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Shirley recall try to persist

Lawyer for two selectmen drops bid to challenge some signatures

By Prudence Brighton, Sun Correspondent

Updated:
10/23/2016 06:42:44 AM EDT

SHIRLEY -- After a Saturday public hearing that lasted more than five hours, petitions to recall two embattled selectmen will stand as certified by the town's Board of Registrars, although the possibility of legal action looms.

Town Clerk Amy McDougall will now notify the Board of Selectmen of the decision.

Attorney John Dombrowski, representing Selectmen Kendra Dumont and Robert Prescott, conceded that his clients would be unable to identify a sufficient number of questionable signatures to block the recall effort.

For several hours, Dombrowski argued with the town's lawyer and the attorney representing recall supporters on matters of legal precedent, legibility of signatures and the possibility of fraud. The Board of Registrars made motions supporting the process and upholding the signatures as presented.

By midafternoon, Dombrowski admitted that his clients' remaining challenges to signatures on the petitions "do not add up to what is needed. But we reserve our rights to take this to another level."

The recall petitions were motivated by allegations of improper behavior by the two selectmen. Recall supporters argue that the they ignored voters by giving Town Administrator Patrice Garvin greater health insurance in lieu of a contracted pay raise after Town Meeting twice voted against Garvin's raise.

As Saturday's hearing began, more than 50 residents packed into the Town Hall meeting room. Some had to stand against windows along two sides of the room.

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As the hours wore on, however, the numbers dwindled.

Attorney Greg Corbo, representing town counsel, opened the hearing by asking the registrars to rule on whether documents from the two selectmen had been received in a timely fashion.

At a meeting of the Board of Registrars on Oct. 14, a deadline was set for noon on Oct. 18 for the two selectmen to submit a witness list and the voter signatures they were challenging. Attorney Gary Brackett, representing the recall supporters, argued that as a result, the hearing should be canceled.

Drombowski said that "was just one of many procedural issues" on both sides of the process and asked, "Are you going to put form over substance?"

Corbo cited legal precedents suggesting that "exceedingly technical issues should not deprive people of their day in court."

Moving to the questions regarding petition signatures, Corbo recommended that the board deal only with matters of fact and not matters of law.

"Some issues raise questions that need to be heard in a court of law," he said.

Beginning with what Corbo termed "problem signatures," Dombrowski called for two sheets of signatures to be invalidated due to problems with a signature or address. He cited legal precedent to support his argument. Corbo countered with other legal precedents.

As the registrars looked at one address, several in the audience snickered when they realized the challenge involved the use of ditto marks to indicated the address was the same as the one above.

That challenge was rejected, as was the challenge to the two sheets of signatures. Dombrowski complained that "since the board will not knock out entire sheets, we may not make our numbers." He asked that the hearing move on to questions of deceit or fraud in obtaining the signatures.

"Our position is that with something of this kind of magnitude, you've got to tell signers exactly what they are signing," he said,

Two witnesses -- Gary Ziegler and Tanya Dolan -- testified that they had been approached to sign the petitions by people they know. Later, they had "buyer's remorse." Each testified that they had not read the text explaining the petition.

Registrars Daryl Eli and JonnieLynn Donatelli said they felt that the two had the opportunity to read the petitions. A motion was made and seconded to retain Ziegler's and Dolan's names on the petition. Registrar Robert Huxley joined them in voting to overturn the challenge. Town Clerk Amy McDougall, who chairs the board, opposed the motion.

Selectman Prescott stepped forward to testify. However, most of what he wanted to say was disallowed as hearsay. He said he wanted to read names of people whom he spoke to who felt deceived in signing the petition.

With that ruling, Dombrowski rose to concede that his clients could not prevail. But when asked if they were withdrawing their challenge to the recall petitions, he said, "I withdraw nothing."

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